Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Pre-action definition

What does Pre-action mean? Pre-action describes the stage before court proceedings are issued, when parties investigate the dispute, exchange information and attempt resolution. It is a descriptive expression rather than a statutory term, but in England and Wales it is structured by the Civil Procedure Rules via the Practice Direction – Pre-Action Conduct and Protocols and specific Pre-Action Protocols (for example, debt, clinical negligence, construction, professional negligence and media claims). Typical steps include a letter before claim/letter before action, an informed response, proportionate disclosure of key documents, obtaining early expert input where needed, considering ADR/mediation, and addressing limitation (often with a standstill agreement). The...

CPR 31.16 pre-action disclosure: applications, evidence, draft orders, opposing the application and costs (including intermediate track fixed costs) (England and Wales)

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Practice notes

This Practice Note sets out advice on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are expected to be parties to any likely later proceedings. It explains how to pursue such a request for disclosure before a claim has begun, including the application notice, evidence supporting the pre-action bid, and the draft order, in sequence. It also addresses the respondent’s stance when resisting the application, and typical objections. The costs implications of seeking pre-action disclosure are reviewed in outline.

For detailed guidance on when it may be suitable to seek pre-action disclosure, the approach the courts adopt in deciding whether to allow such requests, and targeted discussion of pre-action disclosure in varying contexts, see Practice Note: Pre-action disclosure—requirements and the courts' approach. For further guidance on the principal aspects of the court’s jurisdiction under CPR 31.16, see in particular Practice Note: Pre-action disclosure—key considerations and cases.

Making an application for pre-action disclosure

An application for pre-action disclosure is a request for a court order—the core procedure is therefore prescribed by CPR 23 and CPR PD 23A in full. Guidance on making a CPR-compliant application is available in Practice Note: How to make an application for a court order...

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Web page updated on 21/05/2026

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